The wrongful death suit filed by a professional clown from Fair Grove over the death of his longtime partner appears to be settled. If the court approves the settlement agreement, the bulk of the money will not be awarded to Spangle the Clown.
Spangle the Clown filed the wrongful death lawsuit in December 2022 against Lala Trucking, Inc., of Fresno, California, and truck driver Baljinder Singh. The lawsuit in federal court alleged Singh operated his truck in a negligent manner, causing the crash and resulting in the death of Spangle’s partner, 65-year-old Gloria Grimsley, who performed as “Daisy Mae” in appearances with Spangle.
In April 2023, Grimsley’s daughter, Amanda May, filed a motion to join the wrongful death lawsuit. May then filed a motion for summary judgment, alleging Spangle the Clown and Grimsley were never legally married. May contended Spangle should not be considered Grimsley’s beneficiary.
According to a mediation settlement agreement filed on April 29, 2024 and signed by the attorneys, Lala Trucking paid $1 million and was released from the litigation, leaving Spangle the Clown and May to determine who is Grimsley’s primary beneficiary. The court is expected to approve the settlement agreement.
The settlement agreement gives $975,000 to May, and $25,000 to Spangle. The agreement also grants May all motor vehicles titled in Grimsley’s name and access to the storage unit holding Grimsley’s personal property.
Reached by phone on May 23, 2024, Spangle the Clown said he could not comment about the settlement agreement because of pending litigation. He wouldn’t elaborate about the pending litigation.
Spangle the Clown was formerly known as Ronald Poindexter before legally changing his name. He is referred to as Spangle the Clown in state and federal court documents.
Spangle the Clown and Grimsley, as Daisy Mae, performed as clowns and as Mr. and Mrs. Santa Claus throughout the Ozarks for years.
Following Grimsley’s death, Spangle the Clown described her to the Springfield News-Leader:
“She was very inviting,” he told the reporter. “She was so pretty and so gentle with people that even the people who were scared of clowns, they would come to her. She was literally the most beautiful Mrs. Claus you would ever meet.”
History of the Gloria Grimsley lawsuit
According to the Missouri State Highway Patrol, the crash that killed Gloria Grimsley happened on U.S. Highway 65 just north of Springfield on March 23, 2022. According to the crash report, Singh's tractor-trailer pulled into the path of Grimsley’s vehicle.
Spangle the Clown claimed in his original petition that he was Grimsley’s husband. In an affidavit filed in April of 2023, Spangle the Clown stated he was married to Grimsley through a common law marriage in Texas for about 14 years before she died.
He said he and Grimsley lived together in a recreational vehicle (RV) from late 2007 to 2010 in Texas. Spangle the Clown, in the affidavit, said he and Grimsley purchased rings for each other and “shared a marital bed in all of our residences.”
Texas recognizes common law marriage providing the couple can prove three things: they agreed to be married, after the agreement, they lived together in Texas as husband and wife, they represented to others that they were married.
Missouri law does not allow for common law marriages, but Missouri legally recognizes common law marriages from other states.
Daughter produces evidence Spangle and Daisy Mae were not married
In May’s motion, her attorneys alleged Spangle the Clown can't prove he and Grimsley agreed to be married. According to the motion, Spangle the Clown answered “No,” when asked if he and Grimsley had an address in Texas and “No,” when asked if he had any documents or bills to support his claim he and Grimsley lived in Texas. He also answered, “Not that I can think of,” when asked if he had any other kind of proof, paperwork, written notes or other documents that would show Grimsley consented to enter a common-law marriage.
According to May’s motion, Spangle the Clown never filed a declaration of informal marriage in Texas and the couple never had a wedding ceremony.
Attached to May’s motion was an affidavit signed by Grimsley in 2009, in which Grimsley affirmed she did not reside with Spangle, was not in a romantic relationship with Spangle and never held herself out to be his wife. In the affidavit, Grimsley said Spangle was her business partner, and the relationship was “strictly professional.”
“I am not involved with him emotionally or sexually,” the affidavit reads, in part.
Marriage would have stopped alimony
Grimsley filed the 2009 affidavit because an ex-husband was supposed to be paying her $4,000 a month as part of their separation agreement. That agreement was dated June 6, 2006, and the monthly payments were stipulated to continue for 143 months — a span of 12 years. The alimony obligation was to be terminated if either party died, if Grimsley remarried or if Grimsley lived with another person and held herself out as that person’s spouse. According to the 2009 affidavit, Grimsley’s ex-husband quit paying the $4,000 in June of 2009 because he claimed Grimsley was living with Spangle and held herself out as Spangle’s spouse.
“Not only can Plaintiff Spangle the Clown not meet his burden to prove that he and (Grimsley) agreed to be married, but her own sworn affidavit also directly contradicts (Spangle’s) testimony and claims made in his lawsuit,” May’s motion reads. “Without meeting his burden to prove they agreed to be married, he has already failed to meet his burden of proof that he had a common law marriage with (Grimsley) and should not be considered a Class I beneficiary of (Grimsley).”
Attempts to speak with May or May’s attorney, Robert A. Cooley in Owensboro, Kentucky, have not been successful.
“We maintain a policy of not commenting on litigation matters,” Mathew L. Placzek, Spangle's attorney with Lowther Johnson in Springfield, wrote in an email. “I hope the resolution is satisfactory to all the parties.”
Singh and Lala Trucking were released from the litigation in January of 2024.
A jury trial to settle the dispute between Spangle the Clown and May was canceled in April of 2024.
The case was resolved in mediation presided over by retired Greene County Circuit Court Judge Mark Powell.
According to online court records, any suggestions in opposition to the settlement are due by May 28, 2024.
